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writ," and subscribe his name thereto, 29 v. 226. The imprisonment of a judgment debtor upon execution operates as a satis faction of the judgment so long as the imprisonment continues. and so if he is discharged from such imprisonment with the assent of the execution creditor; but if he escapes, or is discharged without the assent of the creditor, it is not satisfaction of the judgment, 19 O. 362,

25448. For what causes execution against the person may issue. An execution against the person of the debtor may be issued upon any judgment for the payment of

money:

1. When the judgment debtor has removed, or begun to remove, any of his property out of the jurisdiction of the court, with intent to prevent the collection of the money due on the judgment..

2. When he has property, rights in action, evidences of debt, or interest or stock in a corporation or company, which he fraudulently conceals with the like intent.

3. When he has assigned or disposed of all or part of his property, or rights in action, or has converted the same into money, with intent to defraud his creditors, or with the intent to prevent such property from being taken in execution.

4. When he fraudulently contracted the debt or incurred the obligation upon which the judgment was rendered.

5. When the judgment was rendered for money, or other valuable thing, lost by playing at any game, or by means of any bet or wager.

6. When he was arrested on an order before judgment, and has not been discharged as an insolvent debtor, or the order has not been set aside as improperly made. [51 v. 57, 2478; 54 v. 30, 21; S. & C. 667, 1092.]

5449. By whom and how such execution allowed. An execution against the person of the debtor, except as prescribed in ? 5451, can be issued only when allowed by the supreme court, the district court, the court of common pleas, or the probate court, or any judge of either, upon being satisfied, by the affidavit of the judgment creditor, or his attorney, and such other evidence as may be presented, of the existence of one or more of the particulars mentioned in the preceding section. [51 v. 57 2479; S. & C. 1092.]

"That the debtor is about to dispose of his property with intent to defraud his creditors," sufficient under 36 v. 75, 16 O. 304.

25450. Id. May be issued by justice of the peace. A justice of the peace may issue an execution against the person of a judgment debtor, upon being satisfied of the existence of one or more of the same particulars, by like affidavit and evidence. [51 v. 57, 2480; S. & C. 1092.]

25451. Id. When issued of course. When the judgment debtor was arrested before judgment, and has not been released from imprisonment by an application for relief as an insolvent debtor, and the order for such arrest has not been adjudged improper, an execution against the person of such judgment debtor may issue of course. [51 v. 57, ? 481; S. & C. 1092.]

1 W. L. M. 350.

5452. Discharge by delivery of property. A person taken in execution as aforesaid shall be discharged by delivering or setting off to the officer who serves the writ, if issued from a court of record, real or personal property, or if issued by a justice of the peace, personal property only, sufficient to satisfy the judgment and costs for which the writ was issued. [51 v. 57, ? 482; S. & C. 1092.]

When the defendant turns out real estate to release his body, the lien of the judgment on other lands of defendant is not thereby discharged, 11 O. 42. Land surrendered, sold without valuation, 2 O. 328 (act 1815).

25453. Entitled to prison bounds, but execution may issue against property. A person imprisoned under the provisions of this subdivision shall be entitled to prison bounds, as prescribed by law; but in case the person is out of jail in prison bounds, the judgment creditor, upon whose judgment he was imprisoned, shall be entitled to execution against the lands and tenements, goods and chattels, of the debtor, and all other remedies prescribed by law for the collection of debts. [51 v. 57, 2 483; S. & C. 1092.]

25454. Death of debtor no satisfaction of judgment. The death of a person under arrest in an action shall not satisfy the judgment; but an execution may issue on the judgment as if no arrest had been made. [51 v. 57, 484; S. & C. 1093.]

2 5455. If arrested before judgment, debtor must be charged in execution within ten days. If a person who is imprisoned under an order of arrest made before judgment, be not charged in execution within ten days after judgment, he shall be discharged from such imprisonment. [51 v. 57, % 485; S. & C. 1093.]

5456. When debtor may be discharged. A person imprisoned under this subdivision, or upon an order of arrest before judgment, in civil cases, who is unable to perform the act, or endure the imprisonment, may be discharged therefrom upon such terms as are just, by the court out of which the process issued, or a judge thereof, or by the court in which the judgment was or might have been rendered, or a judge thereof. [51 v. 57, ? 486; S. & C. 1093.]

SUBDIVISION VI. PRIVILEGE FROM ARREST. PRISON

BOUNDS.

? 5457. Who are privileged from arrest-When. Members and officers of legislature, electors, judges, attorneys, officers of court, Israelites, militia. The following persons are privileged from arrest, viz.:

1. Members, clerks, sergeants-at-arms, door-keepers, and messengers, of the senate and house of representatives, during sessions of the general assembly, and while traveling to and from such sessions, allowing one day for every twenty-five miles of the distance, by the route most usually traveled; and whoever arrests any such person in violation of this provision shall forfeit and pay one hundred dollars, to be recovered by civil action, in the name and for the use of the person injured. [29 v. 341, 22; 59 v. 6, ? 1; S. & C. 84; S. & S. 18.]

2. Electors, while going to, returning from, or in attendance at elections. [29 v. 341, ? 3; S. & C. 84.]

3. Judges of the courts, while attending court, and also during the time necessarily employed in going to, holding, and returning from the court which it is their duty to attend. [29 v. 341, 24; S. & C. 84.]

4. Attorneys, counselors at law, clerks, sheriffs, coroners, constables, and criers, and all suitors, jurors, and witnesses, while going to, attending, or returning from court. [29 v. 341, 2 5; S. & C. 84.]

5. Officers and soldiers of the revolutionary war, and

females, on any mesne or final process for any debt, claim, or demand arising upon contract. [29 v. 341, 27; S. & C. 84.]

6. Israelites, and such other persons as religiously observe the last or any other day of the week as a day of worship, on such day, within, going to, or returning from their places of worship, or during the time of service, and while going to or returning therefrom. [52 v. 18, 21; S. & C. 85.]

7. A person doing militia duty under the order of his commanding officer, or while going to or returning from the place of duty or parade. [29 v. 341, 26; S. & C. 84.]

25458. When and where arrests may not be made. No person shall be arrested during a sitting of the senate, or house of representatives, within the hall where such session is being held, or in any court of justice, during the sitting of such court, or on the first day of the week, commonly called Sunday, or on the fourth day of the month of July. [29 v. 341, 6; S. & C. 84.]

25459. This subdivision does not extend to crimes, etc. Nothing in this subdivision contained shall be construed to extend to cases of treason, felony, or breach of the peace, or to privilege any person herein specified from being served at any time with a summons or notice to appear; and all arrests, not contrary to the provisions herein contained, made in any place, or on any river or water-course within or bounding upon this state, shall be deemed lawful. [29 v. 341, 2 8; S. & C. 84.]

Service on Sunday legal, 1 Bull 115; 42 O. S. 585, 592.

Non-resident suitors attending court privileged from being served with summons in civil actions, 12 Bull 319; 20 Bull 386 46 O. S. 38.

5460. Notice to be given when member or officer of legislature arrested. If, during a session of the general assembly, a member or officer thereof be arrested upon a charge of treason, felony, or breach of the peace, notice thereof shall be given forthwith to the body with which he is connected, by the officer who issued the process upon which the arrest is made. [29 v. 341, 29; S. & C. 84.]

? 5461. How and when prisoner may be discharged. A person arrested contrary to the provisions of this subdivision shall be discharged by a writ of habeas corpus, or

in a summary way, by motion before the court from which the process issued, at the cost of the party who sued out the process. [29 v. 341, ? 10; S. & C. 84.]

5462. Prison bounds fixed. A person imprisoned for debt shall be entitled to the privilege of prison bounds, which shall be co-extensive with the limits of the county; but such prisoner shall not, in any instance, pass over or without such limits. [29 v. 340, 21; 31 v. 11, 21; S. & C. 1210, 1211.]

25463. When prisoner entitled to benefit of prison bounds. A prisoner shall not be entitled to the privilege of prison bounds until he gives bond to the creditors, with two or more sureties, resident in the county, approved by the justice or mayor who issued the process, or, in other cases, by the probate judge, in double the sum for which he stands committed, for his safe continuance in the custody of the jailer, within the limits of the prison bounds, until legally discharged, which bond shall be lodged with the sheriff until the creditor demands the same; and when the condition of the bond is broken, the creditor may put the bond in suit, and have judgment entered against the sureties for the debt, interest, and costs for which the prisoner stands committed. [29 v. 340, ? 2; S. & C. 1210.]

Joint bonds given in separate suits are void; and a bond is void unless defendant is actually in prison, and that fact is recited in the bond, 2 O. 277. It is a good defense to an action on a bond given under this section that no order was made by the court or judge authorizing its issue, or that such order was made without the necessary preliminary proof, or that the writ has been quashed, 15 O. 372. A certificate given by a commissioner of insolvents to a debtor who has given bond for the prison limits, discharges the security on the bond, notwithstanding the proceedings are afterwards dismissed in the common pleas, 9 O. 100. Creditor must support prisoner, 1 O. 32; 2 Bull 264.

CHAPTER II.

PROCEEDINGS IN AID OF EXECUTION.

SUBDIVISION I. BY CIVIL ACTION.

25464. When judgment creditor may proceed against equitable assets, etc. When a judgment debtor has not personal or real property subject to levy on execution sufficient to satisfy the judgment, any equitable interest which he has in real estate, as mortgagor, mortgagee, or

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